HomeMy WebLinkAboutLand Use Case.470 Rio Grande Pl.0015.2013.ASLU F4W
THE CITY OF .ASPEN
City of Aspen Community Development Department
CASE NUMBER 0015.2013.ASLU
PARCEL ID NUMBERS 2737— 073 06 851
PROJECTS ADDRESS 470 RIO GRANDE PL
PLANNER JESSICA GARROW
CASE DESCRIPTION APPLICATION FOR THEATRE ASPEN
REPRESENTATIVE THEATRE ASPEN
DATE OF FINAL ACTION 4.24.13
CLOSED BY ANGELA SCOREY ON: 4.30.14
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S*MU JEMILY ZECK 935 9313 ad Running D* F76 Pi
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East name CITY OF ASPEN First name 7 130 S GALENA ST
ASPEN CO 81511
Phone (970)920-5000 Address
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RESOLUTION N0. 47,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ACCEPTING DESIGN
CONDITIONS OUTLINED IN ORDINANCE 38, SERIES OF 2011,FOR THE
THEATRE ASPEN TENT FRAMING FOR THE PROPERTY LOCATED AT RIO
GRANDE PARK,505 RIO AS OT 1 OF THE RIO OF
RANDE SUBDIVISION.
LEGALLY DESCRIBE ON.
Parcel ID 2737-073-06-851
WHEREAS, during a duly noticed public hearing on January 9, 2012, the oviny Council SPA
approved Ordinance No. 38, Series of 2010, by a four to one (4 — 1) vote, approving
amendment and an Essential Public Facility Growth allow tion
of a new lobby structure and a new t rcture o heat Aspenin the RioGrande Park;
WHEREAS, Section e o f Ordinance n � required s
check-in with City Council at y soo thereafteas possibl ,to review the conditions
related to the winter design of the tent structure ; and,
WHEREAS, the Community Development Department received an application from
Theatre Aspen, represented by Emily Zeck, Executive Director, requesting continued approval of
the conditions outlined in Section 2 of Ordinance 38, Series of 2013; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve an amendment
to an approved SPA, during a duly noticed public hearing after considering a recommendation
from the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on April 22, 2013, the City Council
approved Resolution No.47, Series of 20013,by a five to zero (5—0)vote; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation the Community Development Director, the applicable referral
agencies,and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the
Aspen Area Community Plan; and,
with
conditions,is consistent with the goals and e lements of
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
Resolution No 47,Series 2013
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
The original conditions regarding the design of the tent framing, as outlined in Section 2 of
Ordinance 38, Series of 2011, remain in effect. The applicant has satisfied the requirement to
check-in with City Council, and no further action is required to meet that condition.
The applicant shall continue to work with the Parks Department, as necessary, to ensure the site
remains well kept and secure.
Section 2: Fee Waiver
City Council hereby denies the fee waiver requested by Theatre Aspen for the Planning and
Parks fees related to this Land Use Review,
Section 3: y hcant ursuan
All material representations and commitments made by to the development
the Applicant p
proposal approvals as herein awarded, whether in public hearing or docum is tand the same dshall re
City Council, are hereby incorporated in such plan development app
complied with as if fully set forth herein,unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall aresolutions operate
or abatement of any or
action or proceeding now pending under y
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Se--ct— ionn 5- hrase, or ortion of this resolution is for any reason
If any section, subsection, sentence, clause, p P
held invalid or unconstitutional in a court of comanpdetshallunotdlaffect the validity of the deemed
remaining
separate, distinct and independent provision
portions thereof.
FINALLY,adopted,passed and approved this 22nd day of April,2013.
APPROVED:
AT'T'EST:
Michael C.Ireland, ayor Kathryn S.Koch,C' crk
APPROVED AS TO FORM:
ames Re,City Attorney
Resolution No 47,Series 2013
Page 2 of 2
MEMORANDUM
TO: City of Aspen Mayor and City Council
FROM: Jessica Garrow, Long Range Plannerow�
THRU: Jennifer Phelan, Community Development Deputy Director
CC: Stephen Ellsperman, Director of Parks & Open Space
RE: Council Check-in on Theatre Aspen SPA Amendment (Tent Framing)
Resolution , Series of 2013
MEETING DATE: April 22, 2013
APPLICANT: SUMMARY:
Theatre Aspen, Emily Zeck The Applicant was required as part of their 2012 approval to
Executive Director return to City Council for review of the tent framing and walls
that are left up in the park during the winter.
OWNER:
City of Aspen STAFF RECOMMENDATION:
Staff recommends Council accept the original conditions outlined
REPRESENTATIVE: in the approval Ordinance.
Emily Zeck, Theatre Aspen
LOCATION: _
Rio Grande Park
505 Rio Grande Place "
CURRENT ZONING & USE
Public (PUB) with an SPA
overlay
PROPOSED LAND USE:
Theatre Use (Theatre Aspen) The picture above shows the performance tent framing with the
stage and seating under protective cover (from 2011).
BACKGROUND AND LAND USE REQUESTS:
The Applicant received approval from City Council to build a new lobby structure and new
performance tent structure in January 2012 via Ordinance 38, Series of 2011. That approval
granted Theatre Aspen the ability to leave the tent frame up without a roof and with protective
walls during the winter months (October—April).
Page 1 of 3
The approval also required a check-in with City Council after one-year of operation to evaluate
the design of the tent and screening during these winter months. The Ordinance stated, "Theatre
Aspen shall return to City Council one year from the date of approval, or as soon thereafter as
can be scheduled with City Council, to review the design of the tent framing with temporary
walls. City Council shall have the ability to amend the SPA approval as necessary to ensure the
visual impacts of the tent framing are sufficiently minimized from October to April."
If City Council wishes to amend the conditions, an SPA Amendment, pursuant to Land Use
Code Section 26.440.100, is required. This is reviewed by City Council during a public hearing.
PROJECT SUMMARY:
Theatre Aspen received approval for a new permanent lobby structure and a new performance
tent in January of 2012. The approval allowed the tent to be up, covered with a roof, from April
through October of each year. In the intervening months, the approval allowed the tent structure
to remain up in the park without a roof and with side screening. This significantly decreased the
number of truck trips in the park. Previously, the Theatre Aspen tent was erected each year in
mid-May and removed each year in mid-September, generating approximately 48 truck trips a
year on the trails in Rio Grande Park.
At the time, City Council supported leaving the tent frame up because of the elimination of truck
trips that created wear and tear on the park. Council was concerned, however, with the aesthetics
of how the tent frame would fit into the park. This lead to adding a condition in the approval
requiring a Council check-in to review the tent frame design.
Since the approval, Theatre Aspen has worked with the Parks Department to ensure the
screening of the tent fits in with the park and creates a secure site. Attached as Exhibit B are
pictures of the tent framing from the winter 2012-2013 season. The tent frame with screening
walls is currently up in the park to enable Council to review in person if they desire. No site visit
is scheduled for this review.
STAFF COMMENTS:
SPECIALLY PLANNED AREA
If Council desires to amend the conditions related to the tent framing, an SPA Amendment is
required. The current conditions include:
• The tent framing shall be covered with a roof, as weather allows, from April to October
of each calendar year.
• From October to April of each calendar year, the tent framing shall not be covered with a
roof. Temporary sides shall be installed to shield the stage and seating from view.
• The stage and seating shall be under protective cover and located on the existing concrete
pad.
• Theatre Aspen shall provide a security check of the site at least three times per week to
ensure the site remains safe and secure.
Staff believes these conditions should not be amended. Theatre Aspen has worked with the Parks
Department to ensure the tent walls properly screen the site. The walls, in conjunction with the
new lobby structure create a clean, well maintained site that provides some interest of will occur
Page 2 of 3
in the park in the summer. Both Parks and Planning staff are supportive of the current design
conditions because they result in less wear and tear on the Rio Grande Park. In addition, with
the addition of the new restrooms in the Park, the tent will be even further screened from view.
REFERRAL COMMENTS:
Staff reviewed the request with the Parks Department, and they are supportive of the request.
Theatre Aspen has worked closely with the Parks Department to ensure screening of the tent
frame is adequate and ensures the safety of the site. The Parks Department has indicated they do
not support taking the tent frame down during the winter, as it is resource intensive and would
require closing of the trail through the park and would create additional wear and tear issues in
the park.
FINANCIAL IMPLICATIONS:
Theatre Aspen has requested a waiver of the Land Use Review fees associated with this
application. Their fee waiver request is attached as Exhibit E. Staff anticipates 2.5 to 3 hours
will be spent on the application, which will total $812.50 to $975. A Parks Department Referral
fee of$975 is also required. This fee waiver request is at the discretion of City Council. The
Resolution has been written to include the request (see section 2), but can be amended at the
hearing based on Council's decision. The fee waiver request is part of the application, attached
as Exhibit C.
RECOMMENDATION:
Staff recommends approval of maintaining the existing conditions placed on the tent, as outlined
in Ordinance 38, Series of 2011. This includes:
• The tent framing shall be covered with a roof, as weather allows, from April to October
of each calendar year.
• From October to April of each calendar year, the tent framing shall not be covered with a
roof. Temporary sides shall be installed to shield the stage and seating from view.
• The stage and seating shall be under protective cover and located on the existing concrete
pad.
• Theatre Aspen shall provide a security check of the site at least three times per week to
ensure the site remains safe and secure.
RECOMMENDED MOTION:
"I move to approve Resolution , Series of 2013, accepting the design conditions regarding the
Theatre Aspen Tent as outlined in Section 2 of Ordinance 38, Series of 2011."
ATTACHMENTS:
EXHIBIT A—Ordinance 38, Series of 2011
EXHIBIT B— Photos of tent during the 2011 winter and the 2012-2013 winter from Applicant
EXHIBIT C—Application and Request for Fee Waiver
Page 3 of 3
RESOLUTION N0. ,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ACCEPTING DESIGN
CONDITIONS OUTLINED IN ORDINANCE 38, SERIES OF 2011, FOR THE
THEATRE ASPEN TENT FRAMING FOR THE PROPERTY LOCATED AT RIO
GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO,
LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION.
Parcel ID 2737-073-06-851
WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council
approved Ordinance No. 38, Series of 2010, by a four to one (4 — 1) vote, approving an SPA
amendment and an Essential Public Facility Growth Management Review to allow the construction
of a new lobby structure and a new tent structure for Theatre Aspen in the Rio Grande Park; and,
WHEREAS, Section 2 of Ordinance 38, Series of 2013 required Theatre Aspen to
check-in with City Council after a year, or as soon thereafter as possible, to review the conditions
related to the winter design of the tent structure ; and,
WHEREAS, the Community Development Department received an application from
Theatre Aspen, represented by Emily Zeck, Executive Director, requesting continued approval of
the conditions outlined in Section 2 of Ordinance 38, Series of 2013; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve an amendment
to an approved SPA, during a duly noticed public hearing after considering a recommendation
from the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on April 22, 2013, the City Council
approved Resolution No._, Series of 20013,by a to_L—j vote; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation the Community Development Director, the applicable referral
agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution fiuthers and is necessary for the
promotion of public health, safety, and welfare.
Resolution No , Series 2013
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1
The original conditions regarding the design of the tent framing, as outlined in Section 2 of
Ordinance 38, Series of 2011, remain in effect. The applicant has satisfied the requirement to
check-in with City Council, and no further action is required to meet that condition.
The applicant shall continue to work with the Parks Department, as necessary, to ensure the site
remains well kept and secure.
Section 2: Fee Waiver
City Council hereby waives all Planning and Parks fees related to this Land Use Review.
Section 3:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, adopted, passed and approved this 22nd day of April, 2013.
APPROVED: ATTEST:
Michael C. Ireland,Mayor Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
James R True,City Attorney
Resolution No , Series 2013
Page 2 of 2
RECEPTION#: 586032, 01/20/2012 at TA
09:39:04 AM,
1 OF 8, R $46.00 Doc Code ORDINANCE
Janice K.Vos Caudill, Pitkin County,CO
ORDINANCE N0.38,
(SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC
FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO
CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE
ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON-SITE
DURING THE WINTER AT RIO GRANDE PARK, 505 RIO GRANDE PLACE, CITY
OF ASPEN,.COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE
SUBDIVISION.
Parcel ID 2737-073-06-851
WHEREAS, the Community Development Department received an application from
Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially
Planned Area (SPA) amendment, and an Essential Public Facility Growth Management Review,
to construct a permanent lobby structure and to permit the theatre tent framing, stage, and seating
to remain on-site year round; and,
WHEREAS, the Applicant requests a recommendation by the Planning and Zoning
Commission to the City Council for a Specially Planned Area (SPA) Amendment, and Essential
Public Facility Growth Lodge Management Review; and,
WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB)
with an SPA Overlay; and,
WHEREAS,upon initial review of the application and the applicable code standards,the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area(SPA); and,
WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and
Zoning Commission approved Resolution No. 20, Series of 2011, by a four to zero (4 — 0) vote,
recommending city Council approve an amendment to the Rio Grande SPA and an Essential Pubic
Facilities Growth Management Review for Theatre Aspen; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve a SPA
Amendment, during a duly noticed public hearing after considering a recommendation
from the Planning and Zoning Commission made at a duly noticed public hearing, comments
from the general public, a recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential
Public Facility Growth Management Review, during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a duly
Ordinance 38,Series 2011
Page 1 of 5
noticed public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral agencies; and,
WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council
approved Ordinance No. 38, Series of 2010, by a four to one (4 — 1) vote, approving an SPA
amendment and an Essential Public Facility Growth Management Review; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing;and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety,and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby recommends City Council approval of a Specially
Planned Area(SPA) amendment to the Rio Grande SPA, and an Essential Public Facility Growth
Management Review.
Section 2: Design
The permanent lobby structure shall comply with the plan shown at the November 1", 2011 P&Z
meeting, and attached as Exhibit A. Theatre Aspen's commemorative brick shall be re-
incorporated into the permanent lobby and/or associated patio.
The tent framing shall be covered with a roof, as weather allows, from April to October of each
calendar year.
From October to April of each calendar year, the tent framing shall not be covered with a roof.
Temporary sides shall be installed to shield the stage and seating from view. The stage and
seating shall be under protective cover and located on the existing concrete pad. This is attached
as Exhibit B. Theatre Aspen shall return to City Council one year from the date of approval, or
as soon thereafter as can be scheduled with City Council, to review the design of the tent framing
with temporary walls. City Council shall have the ability to amend the SPA approval as
necessary to ensure the visual impacts of the tent framing are sufficiently minimized from
October to April.
Ordinance 38,Series 2011
Page 2 of 5
Theatre Aspen shall provide a security check of the site at least three times per week to ensure
_ the site remains safe and secure.
Section 3: Signage
A revised signage plan reflecting changes discussed with staff and the Planning and Zoning
Commission shall be submitted to staff prior to City Council review. This shall include
replacing a proposed marquee sign with a less imposing sign on a low-lying rock, as outlined in
the P&Z meeting on November 1,2011 and the staff memo for said meeting.
Section 4: Temporary Fencing
The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during
the theatre season when theatre performances are conducted and when required by the Actors'
Equity Association Small Professional Theatre Rulebook, Sec. 48.A.2-4. The fencing shall be
constructed in a manner that does not prevent or limit the use of the trash enclosure for trash
storage.
Section 5: Essential Public Facility Growth Management Review - Affordable Housin
Mitigation
Theatre Aspen shall conduct an employee audit one year after final City Council approval for the
permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional
employees that are not a result of the Rio Grande improvements shall be indicated in the report.
However, only those employees that are a result of the improvements shall be subject to future
mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request
the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing
Authority and the Community Development Department with the audit report. The Housing
Authority and Community Development shall forward the audit to the Housing Board, P&Z and/or
City Council for review, as applicable.
Section 6: Parks
Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they
comply with the Parks Department's Master Plan for Rio Grande Park. Theatre Aspen shall
comply with Parks Department regulations related to the prohibition of pesticide and herbicide
use.
The applicant shall ensure the site is clean and secure at all times. The applicant shall work with
the Parks Department to ensure compliance during the fall and winter months when the tent is
taken down each year.
Section 7: Environmental Health
Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance
with the City's noise ordinance, as amended from time to time. The current noise limits are 55 dBA
from lam—9pm,and 50 from 9pm—7am. The noise monitoring program shall verify compliance
with the noise ordinance, by Theatre Aspen staff,before opening night of each production. It shall
also include continued monitoring throughout the summer theatre season given background noise
levels may vary. Noise level readings shall be taken at multiple locations along the property line of
Ordinance 38, Series 2011
Page 3 of 5
r the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen
Environmental Health Department,who may require it to be updated as needed.
Concessions at the tent historically have only been pre-packaged, non-potentially hazardous foods,
and beverages without ice, due to the fact that Theatre Aspen does not hold a food service license
nor have permanent plumbing. For special events serving food held at Theatre Aspen a temporary
food permit must be submitted for approval to the Aspen Environmental Health Department prior to
the event to ensure the protection of public health.
Section 8: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standards published by the Engineering
Department. A construction management plan should be submitted as part of building permit.
Section 9: Exterior Li htin
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor lighting. No lighting shall be permitted in the
stream margin area (fifteen (15) foot setback area from top of slope) or in any area below the top
of slope line (toward the river) unless it is in the exact location of the existing lighting and
requires no additional disturbance to the stream margin area.
Section 10: Theatre Aspen Lease
Within 180 days of City Council approval, Theatre Aspen shall re-execute their long-term lease
on the Rio Grande Park to reflect this approval.
Section 11:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 12:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided,and the same shall be conducted and concluded under such prior ordinances.
Section 13:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Ordinance 38,Series 2011
Page 4 of 5
The City Clerk is directed, upon the adoption of this ordinance,to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 14:
A public hearing on this ordinance shall be held on the 91' day of January, 2012, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED; READ AND ORDERED PUBLISHED as provided-by law, by the City Council
of the City of Aspen on the 12t' day of December,2011.
Attest:
Kathryn S. och,City Clerk Michael C. Ireland,May r
FINALLY, adopted, passed and approved this day of,U&;2012.
Attest:
Kathryn . Koch,City Clerk Michael C. Ireland,Mayor
Approved as to form:
6tyornej
EXHIBITS:
Exhibit A: Plans for the permanent lobby structure
Exhibit B: Rendering of tent framing and screening
Exhibit C: site plan indicating location of proposed actor's privacy fence.
Ordinance 38,Series 2011
Page 5 of 5
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C NTR... ..t-,
LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN
AND
THEATRE ASPEN
THIS LEASE AGREEMENT entered into at Aspen, Colorado, this day of
2011, by and between the CITY OF ASPEN, COLORADO, a municipal
corporation and home-rule city ("hereinafter "City"), and THEATRE ASPEN a Colorado
non-profit corporation (hereinafter "Tenant").
WITNESSETH:
WHEREAS, the City is the owner of the Rio Grande Park in Aspen, Colorado and
desires to lease to Tenant certain space within the Rio Grande Park, as further described
herein; and
WHEREAS, Tenant desires to lease that certain space within the Rio Grande Park for
the purposes set forth below and upon the terms and conditions set forth herein; and
WHEREAS, the City of Aspen City Council on January 9, 2012 approved Ordinance
38, Series 2011, approving an amendment to the Rio Grande SPA Final Development Plan and
a Growth Management Exemption as an Essential Public Facility to allow for the construction
of a permanent lobby structure, and allowing the tent framing with temporary walls to remain
erected for a one-year test period; and
WHEREAS, Ordinance 38, Series 2011, required that Theatre Aspen's lease of the
property be re-executed and updated within 180 days of the approval; and
WHEREAS, the parties hereto understand that this Lease Agreement is specifically
conditioned upon the Aspen City Council granting the requisite land use approvals for the
proposed uses within the Rio Grande Park,
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Term. The initial term of this Lease Agreement shall be for a period of ten (10)
years and nine (9) months, effective January 1, 2011, and terminating at the conclusion of
Tenant's 2021 season on October 1, 2021. An additional term of ten (10) years (terminating on
October 1, 203 1) shall automatically be added to the initial term provided that Tenant provides
the City with written notice at least 6 months prior to the end of the initial term that it intends
to renew the term of this Lease Agreement for an additional ten years. The parties hereto
agree to discuss the continuation of the Lease Agreement no less than six (6) months before its
termination. Negotiations for the continuation of this Lease Agreement shall be subject to
review by the City, and shall proceed upon good faith by both parties.
Page 1
2. Premises. The Premises subject to this Lease Agreement shall be the area
outlined within the Rio Grande park as shown on Exhibit 1 appended hereto and by this
reference made a part hereof as if fully set forth here.
3. Use. The Premises may be used by Tenant solely for the purpose of placing a
tent in substantially the area shown on Exhibit 1, and constructing or placing a ticketing and
concessionaire's structure to remain on the Premises during the duration of this Lease
Agreement. Tenant may use the Premises for the presentation of theatrical productions and
related operations. Tenant may occasionally rent out the Premises to third parties who may use
the Premises for similar purposes. The uses permitted on the Leased Premises shall comply in
all respects with any and all conditions required by the City in any approvals that may be
granted to the Tenant by the Aspen City Council pursuant to the Aspen Municipal Code.
Prompt clean-up of the Premises after each summer season shall be conducted by Tenant.
Materials kept within the Premises should be contained to the tent and structure layout as shown
on Exhibit 1 under protective cover and within existing enclosed structures on property which
total approximately 250 sq ft. Any improvements or replacements planned to these existing
structures should not cause total enclosed sq footage to exceed 500 sq ft total or maximum height
for any enclosed structure to exceed 15 ft. Any unenclosed structures that remain onsite of the
Premises year-round, including but not limited to framework for theatre's lobby structure, shall
be subject to the prior approval of the City Council by the review of a Specially Planned Area
amendment process or the Community Development through administrative review, as
applicable.
Tenant shall not use the Premises for any other purposes without the City's written consent.
Tenant's use and occupancy of the above-described Premises shall comply with the rules,
regulations and ordinances of any governmental authority having jurisdiction over the
Premises or the activities performed thereon. Additionally, Tenant shall not use the Premises
in any manner that will create an increase in the rate of insurance or a cancellation of any
insurance policy, even if such use may be in furtherance of Tenant's operations. In the event
that Tenant proposes to use the Premises in a manner that would increase the City's insurance
premiums, the City and Tenant agree to discuss such plans to determine if there is a way to
minimize the costs to the City and still permit the proposed activity to take place. Tenant shall
not keep, use or sell anything prohibited by any policy of fire insurance covering the
Premises.
Tenant shall return to City Council one year from the date of approval in Ordinance 38, Series
2011 (January 9, 2013), or as soon thereafter as can be scheduled with City Council, to review
the design of the tent framing with temporary walls. City Council shall have the ability to
amend the SPA approval as necessary to ensure the visual impacts of the tent framing are
sufficiently minimized, including an order to remove the structure if deemed by City Council
as the appropriate solution.
Tenant shall undertake a noise monitoring program for its productions to ensure compliance with
the City's noise ordinance, as amended from time to time. The noise monitoring program shall
Page 2
verify compliance with the noise ordinance, by Tenant, before opening night of each production.
It shall also include continued monitoring throughout the summer theatre season given
background noise levels may vary. Noise level readings shall be taken at multiple locations along
the property line of the Rio Grande Park. The noise monitoring program shall be filed with the
City of Aspen Environmental Health Department, who may require it to be updated as needed.
4. Time of Occupancy Acceptance Surrender of Premises and Abandonment.
Tenant shall be entitled to use and occupy the Premises during all times as set forth in the land
use approvals granted by the City. At all other times Tenant may use the Premises only with
the prior approval of the City. If the Tenant abandons the Premises for a period of more than
30 days (excepting the off-season) then this Lease Agreement shall automatically terminate and
shall be considered a breach by Tenant. Tenant shall be responsible for landscape restoration
of the Premises to a park condition of turf grass sod.
5. Rent. Tenant agrees to pay a total of$10.0 0 per year to the City as rent for the
Premises, payable on the first day of each calendar year.
6. Access to Premises. City shall be entitled to enter upon the Premises at all
reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing
any of City's rights hereunder. Vehicular access to the Premises shall be restricted. Except
for sanitation service vehicles and trash removal vehicles intended to service the Premises,
vehicular access to the tent site shall be restricted to deliveries of theatre property or tools
weighing over 50 pounds. All deliveries must be accompanied by a person on foot in front of
the vehicle to warn pedestrians and park users for safety reasons.
7. Maintenance and Repairs. Tenant, at its sole expense, shall keep the Premises
in a good, clean and safe condition. Tenant shall be responsible for all maintenance inside the
Premises as shown on Exhibit 1, including pathways, entrance landscaping, structures and
infrastructure. This list may not be inclusive. Tenant shall not be responsible for snow
removal inside the Premises unless required for access to theatre property. The City shall be
responsible for irrigation maintenance on the Premises and adjacent park area and be
responsible for grounds maintenance in the park area outside of the Premises, including
pathways and any lighting outside of the Premises. Tenant shall be responsible for any
electrical infrastructure and lighting inside the Premises.
8. Utilities and Security System. Tenant shall be responsible for all utilities used
on the Premises. Theatre Aspen shall provide a security check of the site either in person or via
a remote monitoring system at least three times per week to ensure the site remains safe and
secure.
9. Personal Property. All personal property and trade fixtures placed on the
Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of
such personal property or trade fixtures arising from the acts or neglect of Tenant, its agents
or employees. Any personal property or trade fixtures of Tenant or anyone claiming under
Tenant, which shall remain on the Premises after the date upon which the Premises shall be
Page 3
surrendered shall be deemed to have been abandoned and may be retained by City as its
property or disposed of by City in such a manner as City sees fit.
10. Taxes. In the event any taxes are levied and assessed upon the Premises or
upon the improvements, fixtures or personal property of the Tenant during the term of
Tenant's occupancy of the Premises or arising therefrom, or upon the leasehold or possessory
interests as created through this lease, Tenant shall be solely responsible to satisfy and pay all
such taxes in a timely fashion. Tenant shall not allow any liens for taxes or assessments to
exist with respect to the Premises, except that Tenant may permit such taxes or assessment to
remain unpaid while pursuing any good faith contest or appeal of same.
11. Indemnification. Unless caused by the negligence of the City, Tenant agrees to
indemnify and hold harmless the City, its officers and employees, from and against all
liability, claims, and demands, on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other similar loss, which arise out of or are in any manner
connected with Tenant's occupancy of the Premises pursuant to this Agreement, if such injury,
loss, or damage is caused in whole or in part by, the omission, error, or negligence of the
Tenant, any subcontractor of the Tenant, or which arises out of any workmen's compensation
claim of any employee of the Tenant or of any employee of any subcontractor of the Tenant.
12. Public Liabilitv Insurance. Tenant agrees to furnish City with certificate(s) of
insurance as proof that it has secured and paid for a policy of public liability insurance
covering all standard risks related to the leasing, use, or occupancy, of the Premises. The
insurance shall be procured from a company authorized to do business in the State of Colorado
and be satisfactory to City. The amount of this insurance, shall not be less than the maximum
liability that can be imposed upon the City of Aspen under the laws of the State of Colorado
found at C.R.S. 24-10-101 et se g., as amended. At present, such amounts shall be as follows:
$150,000.00 for any injury to one person in any single occurrence;
$600,000.00 for any injury to two or more persons in any single occurrence_
In no event shall such insurance amounts fall below those maximum liability limits as
set forth at C.R.S. 24-10-114, as amended.
13. Premises Insurance. During the full term of this Agreement, Tenant, at its sole
cost and expense, and at Tenant's discretion, may also cause all of the furniture, fixtures, and
equipment in the premises to be kept insured, without co-insurance clauses, to the full
insurable value against the perils of wind, storm, hail, lightning, explosion, fire and like
perils. "Full insurance value" means the cost, as of the date of loss, for replacement of the
damaged or destroyed property in a new condition with materials of like size, kind and
quality. The insurance shall stand as primary insurance for the furniture, fixtures, and
equipment in the Premises to be procured from a company authorized to do business in the
Page 4
State of Colorado and be satisfactory to the City. All policies as required herein shall contain
a waiver of subrogation by the insurer against City.
14. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault
on the part of Tenant, the Premises shall be damaged by fire or other catastrophe so as to
render said Premises wholly untenantable, and if such damage is so great that a competent
licensed architect in good standing in Pitkin County, Colorado, as selected by the City within
fourteen (14) days from the date of loss, shall certify in writing to the City and Tenant that the
Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days
from the happening of the occurrence of the damage, then Tenant shall have thirty (30) days
from date of official notification of this decision to decide whether to maintain this Lease
Agreement and be solely responsible for restoring the Premises to working condition or
whether to terminate this Lease Agreement and vacate the Premises. Such a termination of the
Lease Agreement shall not forgive Tenant's obligation to restore the landscape of the Premises
to a park condition of turf grass sod as outlined in Section 3. If, however, the damage is not
such as to prevent reoccupation and use of the Premises within ninety (90) days, then repairs
thereto shall be undertaken by Tenant with all reasonable speed to restore the Premises to its
former condition and the Lease Agreement shall remain in effect. All insurance proceeds
resulting from Tenant's insurance policies and coverage shall remain property of Tenant,
regardless of official decision regarding the condition of Premises or Tenant's decision
whether to terminate Agreement and restore the Premises.
15. City to be Named a Co-Insured or Additional Insurance. Tenant shall name
City as co-insured or additional insured on all insurance policies and such policies shall
include a provision that written notice of any non-renewal, cancellation or material change in a
policy by the insurer shall be delivered to City thirty (30) days in advance of the effective
date.
16. Repairs and Alterations by Tenant. Tenant, pursuant to any land use approvals
received from the city, or upon City's written consent, may, at its own expense, make
reasonable and necessary alterations or improvements to the Premises. All alterations,
additions and improvements shall be performed in a workmanlike manner, in accordance with
all applicable building and safety codes, and shall not weaken or impair the structural strength
or lessen the value of the Premises. All alterations, additions and improvements made in or to
the Premises shall be the property of Tenant and remain the property of Tenant upon
termination of this Lease Agreement. Tenant agrees that prior to any construction or
installation of alternations, additions or improvements, Tenant shall post on the Premises in a
conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section
38-22-105 on behalf of the City and shall notify City of such posting and the exact location of
same. Perfection of a mechanic's lien against the Premises as a result of Tenant's acts or
omissions may be treated as a material breach of this Lease Agreement.
17. Repairs and Alterations bey. City reserves the right, from time to time, at
its own expense and by its officials, employees and contractors, to make such alterations,
maintenance activities, renovations or repairs in and about the Rio Grande Park, other than
those noted above as required by Tenant, as City deems necessary or desirable and Tenant
Page 5
covenants to make no claim against City for any interference with its interest as herein
provided in the Premises. Any such activity within the Premises may only take place upon
Tenant's consent. City shall provide reasonable notice to Tenant in advance of any intent to
undertake any work in the Rio Grande Park as authorized in this paragraph and all work shall
be performed at such times as may be mutually agreed to between the parties so as to eliminate
or minimize any disruption of Tenant's business. The City shall, however, have the final
decision making authority as to what time is reasonable under the circumstances.
18. Condemnation. If during the term of this Lease Agreement, or any renewal of
it, the whole or part of the Premises, or such portion as will make the Premises unusable for
the purpose leased, or the leasehold interest, be condemned by public authority, including
City, for public use, then this Agreement shall cease as of the date of the vesting of title in the
Premises in such condemning authority, or when possession is given to such authority,
whichever event occurs first. Tenant shall not be entitled to any part of any condemnation
award for the value of the unexpired term of this Agreement or for any other estate or interest
in the Premises, such amount belonging entirely to City.
19. Assignment of Agreement. Tenant shall not assign, pledge, sublease or
otherwise dispose of or encumber this lease, or the leased Premises, without the prior written
consent of the City, except as allowed in section 3 above. Such consent shall not be
unreasonably withheld. Tenant shall, likewise, not permit any third party to occupy or use the
Premises absent the prior written consent of the City except as allowed in Section 3.
20. Signs, Tenant shall not place any signs upon the Premises or upon the Rio Grande
Park except of such design and construction as may be permitted by City. It is understood by the
parties that placement of an identification sign or signs is important and necessary to Tenant's
business. Accordingly, the City hereby consents to allowing Tenant to place banners of Tenant's
choosing within the Premises as shown on Exhibit 1 provided they comply with the City's sign
code. Additional banners or signs outside of the Premises within Rio Grande Park may only be
placed with the approval of Parks staff. Any sign permitted by City shall at all times comply with
applicable ordinances, rules and regulations.
21. Breach by Tenant Defined. If Tenant shall fail to timely comply with any of the
terms or conditions of this Agreement, any term or condition of the land use approvals granted
by the City, or any notice given under it, or shall become insolvent, or shall have or attempt to
make an assignment for the benefit of creditors, or if any of its property be attached and such
attachment is not promptly released, or if an execution be issued against it, or, if a petition be
filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be
created or appointed to take charge of its assets, or if it shall abandon the Premises for a
period of more than thirty (30) days (not including seasonal closures) then at any time
afterwards City may treat such act or omission as a breach of this Lease Agreement and, at its
option, enter into the Premises and remove all persons and take and retain possession thereof
either with or without process of law.
Page 6
22. City's Remedy for Breach. Any breach, default or failure by Tenant to perform
any of the duties or obligations assumed by Tenant under this Lease Agreement shall be cause
for termination of the Lease Agreement by City in the manner set forth in this paragraph. City
shall deliver to Tenant thirty (30) days' prior written notice of its intention to terminate this
Lease Agreement, including in the notice a reasonable description of the breach, default or
failure. If within that thirty (30) days Tenant shall fail or refuse to cure, adjust or correct the
breach, default or failure to the reasonable satisfaction of City, the City shall have the right to
declare this Lease Agreement terminated and all rights, powers and privileges of Tenant as
provided through the Lease Agreement shall cease, and Tenant shall immediately vacate the
entire Premises and shall make no claim of any kind against City by reason of the termination.
The thirty (30) days' prior written notice shall be conclusively determined to have been
delivered to Tenant by the hand delivery of same upon the Tenant's primary address set forth
herein, or at the time it is deposited in the U.S. Mail, certified, postage prepaid, addressed to
the address set forth herein.
23. Non-Waiver of Rights. Any failure by City to so terminate this Lease
Agreement as herein provided after the breach, default or failure by Tenant to adhere to the
terms of the Lease Agreement shall not be deemed or construed to be a waiver or continuing
waiver by City of any rights to terminate the Lease Agreement for any present or subsequent
breach, default or failure.
24. Non-Discrimination. Tenant agrees to comply with all laws, ordinances, rules
and regulations that may pertain or apply to the Premises and its use. In performing under the
Lease Agreement, Tenant shall not discriminate against any worker, employee or job
applicant, or any member of the public, because of race, color, creed, religion, ancestry,
national origin, sex, age, marital status, physical handicap, affectional or sexual orientation,
family responsibility or political affiliation, nor otherwise commit an unfair employment
practice.
25. Notice. Whenever this Agreement calls for or provides for notice and notice is
not otherwise specified, the same shall be provided in writing and shall be served on the
person(s) as designated by the parties below, either in person or by certified mail, postage
prepaid and return receipt requested.
For City: Aspen City Manager
130 South Galena Street
Aspen, Colorado 81611
For Tenant: Managing Director
Theatre Aspen
110 E. Hallam St., Ste 103
Aspen, CO 81611
The parties may change or add such designated person(s) or addresses as may
be necessary from time to time in writing.
Page 7
26. Binding Effect. All of the terms and conditions as contained in this Agreement
shall inure to the benefit of and be binding upon the successors and assigns of the parties.
27. Controlling Law. This Lease Agreement shall be enforced and interpreted in
accordance with the laws of the State of Colorado. Any action brought to enforce or interpret
this Agreement shall be brought in the District Court in and for Pitkin County, Colorado. In
the event of litigation between the parties concerning this Agreement or matters arising
therefrom, the prevailing party shall be awarded its costs and reasonable attorney's fees.
28. Entire Agreement. This instrument constitutes the entire Lease Agreement by
the parties concerning the Premises and shall supplant and supersede any previous agreements
between the parties pertinent to the Premises. Any prior or contemporaneous oral or written
agreement that purports to vary from the terms as set forth herein shall be void and of no
effect.
29. Amendments. Except as otherwise provided herein, this Lease Agreement and
all of its terms and conditions may not be amended or modified absent a written agreement
duly executed by the parties.
30. Condition Precedent. This Lease Agreement is specifically conditioned upon the
Aspen City Council granting the requisite land use approvals to Tenant for the proposed uses
on the Leased Premises and Tenant's acceptance of same, including any conditional terms related
to approvals. Furthermore, this Lease Agreement is hereby subject to all the terms and
conditions that may be required by the Aspen City Council in any land use approvals granted
to Tenant for the proposed uses described herein.
WHEREFORE, the parties, through their duly authorized representatives, have
executed this Agreement upon the dates as forth herein.
THE CITY OF ASPEN, COLORADO
By: 4rz4w,..;;/
Stev arwick, City Manager
ATTEST:
athryn S. h, City Clerk
Page 8
TENANT:
Theatre Aspen
By: -Cl,�.{L
Emily Zeck, Managing Director
Page 9
7340891 �u
PROOF OF PUBLICATION
T21 ARZI
STATE OF COLORADO,COUNTY OF PITKIN
1,Jenna Weatherred, do solemnly swear that 1 am a Publisher of the ASPEN
TIMES WEEKLY, that the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of Colorado, and has a
general circulation therein; that said newspaper has been published
continuously and uninterruptedly in said County of Pitkin for a period of
more than fifty-two consecutive weeks next prior to the first publication of
the annexed legal notice or advertisement. {
f
That the annexed legal notice or advertisement was published in the regular
LEGAL NOTICE
and entire issue of every number of said daily newspaper for the period of 1 ORDINANCE 036,2011 PUBLIC HEARING
on
consecutive insertions;and that the first publication of said notice was in the Ordinance u38,Series of 2011.was adopted er
first reading at the City Council meeting December amend
issue of said newspaper dated 12/15/2011 and that the last publication t z.zoo,.erns ordinance.if adopted,will pen to
the Rio Grande SPA to allow Theatre Aspen to
Construct a permanent Lobby and to retain the W.
12/15/2011 of said notice was in the issue of said newspaper dated . rormance tent lramin i during the winter. The pub-
ic hearing on finis ordinance is scheduled for Janu-
ary 9.2012 at 5 PM.City hall.130 South Galena.
In witness whereof,I have here unto set my hand this 6`h day of February, r°see entire tent,go to the aty's legal riot ce
website
2012. aal-Noucecl
It you would like a copy FAXed or 9•mailed to you.
call the city clerk's office,429-2686.
Published in the Aspen Times Weekly on Decem-
ber 15,2011. (7340891)
Jenne Weat erred, s er
Subscribed and sworn to before me,a notary public in and for the County of
Garfield,State of Colorado this 6`I'day of February, 2012.
60RKI
�P� N01Any -9m
Mary E.Bo kenhagen, Notary Public yam'., :'p
My Commission expires:September 12 2015 F0
C 010
Aspen(LEGALS)City of
THEATRE ASPEN TENT - WINTER 2012-2013
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VIEW FROM BRIDGE ENTRANCE
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I
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
C P; -712FX7,0e A&L'/Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
dZa,)AY gl'kL ZZ-- , 20/__5
STATE OF COLORADO )
ss.
County of Pitkin )
15 9 'G'-0a2.2 'q m!-// (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E,) of the Aspen Land Use Code in the following manner:
V Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice; By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the day of , 20 , to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the ovimers and governmental agencies so noticed is attached hereto.
(Continued on next page)
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However,the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
r
Si at e
The foregoing "Affidavit of Notice" was acknowledged before me this 5�day
of , 20 Oby A27, f ��
PUBLIC NOTICE
RE: 505 RIO GRANDE PLACE•SPA
AMENDMENT WITNESS MY HAND AND OFFICIAL SEAL
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,April 22,2013,at a meet-
ing to begin at 5:00 p.m.before the Aspen City
Council,Council Chambers,City Hall,130 S.Gale- My commission expires.
na St.,Aspen,to consider an application submitted
by Theatre Aspen,110 E Hallam St,Ste 103,As-
pen,CO 81611.Theatre Aspen leases a portion of / (nq)
,
Rio Grande Park,505 Rio Grande Place, over- „ T - "�� /� O •/'��
'ate a seasonal theatre. The applicant received J
'_.�-I�J'lz�YIU�� (-J( •U
SPA approval to leave the tent structure up in Rio
Grande Park through the winter in 2012. That ap- Notary Pubhc
proval required a City Council check-in and review Notary
after one(1)year,which is the purpose of this
hearing. For further, information,contact Jessica
Garrow at the City of Aspen Community Develop-
ment Department,130 S.Galena St.,Aspen,CO,
(970)429-2780,jessica.garrow®ci.aspen.co.us.
al Michael Ireland.Mawr
Aspen City Council
Published in the Aspen Times on April 4,2013 ATTACHMENTS AS APPLICABLE:
[9057055] •
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
I
AS REQUIRED BY C.R.S. §24-65.5-103.3
li
i
I
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
9)S I tO-n K-Lo GKAw\OC-7 FL - Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
YL(L- 7-z— 20�ja
STATE OF COLORADO 9 2011
ss.
County of Pitkin �'8
I, la�M I CIC (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fi 4pen (15) days prior to the public hearing
and was continuously visible from the_q�r day of "K L- - 9 2Aa, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty(60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty(30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
I� Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
r-�.
Signature
The foregoing"Affidavit of Notice"was ackaowledged befor e this Pday
of ,�� , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
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STATE OF tary Public
ATTACHMENTS AS APPLICABLE:
• COPYOF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
THEATRE
�AaS P E N30
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Theatre Aspen
110 E Hallam St Ste 103
Aspen, CO 81611
970-925-9313
Dear Neighbor,
Thank you again to all of you that have voiced your support for our endeavors. We
have listened to your input and incorporated City Council's comments, and this
winter we purchased additional walls to dress up our tent frame in the off-season.
Because we are forced to remove the roof panels seasonally, as the full structure
cannot withstand the Aspen snow, our goal was to make the tent appear as intact as
possible and to blend in with the snowy winter landscape, and we believe we have
accomplished just that.
We were asked by City Council in January of 2012 to proceed with this plan, and
to return in 2013 to receive approval. We will be appearing before Council for this
purpose on April 22, and we would welcome the opportunity to address any of
your thoughts or concerns prior to this appearance.
Your support is invaluable to us and we are truly grateful. Our 2013 season marks
TA's 301h anniversary, and we hope you will come to the tent this summer to help
us celebrate!
Sincerely,
Paige Price Emily Zeck
Artistic Director Managing Director
paige(a theatreaspen.org emily(abtheatreaspen.org
TheatreAspen.org
110 East Hallam Street Suite 103 Aspen,Colorado 81611 T 970.925.9313 F 970.925.6813 E info @TheatreAspen.org
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PUBLIC NOTICE
RE: 505/470 RIO GRANDE PLACE—SPA AMENDMENT/
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 22, 2013, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application submitted by Theatre Aspen, 110 E Hallam St, Ste
103, Aspen, CO 81611. Theatre Aspen leases a portion of Rio Grande Park, 505/470 Rio Grande
Place, to operate a seasonal theatre. The applicant received SPA approval to leave the tent
structure up in Rio Grande Park through the winter in 2012. That approval required a City
Council check-in and review after one (1) year, which is the purpose of this hearing. For further
information, contact Jessica Garrow at the City of Aspen Community Development Department,
130 S. Galena St., Aspen, CO, (970)429-2780,jessica.garrow @ci.aspen.co.us.
s/Michael Ireland,Mayor
Aspen City Council
Published in the Aspen Times on April 4, 2013
City of Aspen Account
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From: Larry Fite [Larry.Fite @co.pitkin.co.us]
Sent: Tuesday, August 23, 2011 3:09 PM
To: Emily Zeck
Subject: mineral right owners
Hi Emily,
In regards to your request of a list of mineral right owners for the properties adjacent to your property in Rio Grande
park, we do not have a separate listing for mineral rights owners in that area. I hope this is sufficient for your needs. Let
me know if you need additional information or if you have any other questions.
Cordially,
Larry Fite
Pitkin County Assessor's Office
970-920-5166
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Checked by AVG -www.avg.com
Version: 8.5.449/Virus Database: 271.1.1/3842- Release Date: 08/23/11 06:34:00
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THEATRE
�Aa,S P EFON30
Date: January 11,2013
Project: Theatre Aspen
Representative: Emily Zeck,Managing Director
Applicant:Theatre Aspen
Land Use Request: SPA Amendment for tent structure throughout Theatre Aspen's off-season
Description:
In January 2012,City Council approved an amendment to the Theatre Aspen site in Rio Grande Park.
That approval included a new lobby entry area,and the ability to leave the steel tent framing up year
round. The approval Ordinance,Ord 38, Series of 2011,required that Theatre Aspen"return to City
Council one year from the date of approval,or as soon thereafter as can be scheduled with City Council,
to review the design of the tent framing with temporary walls." The applicant is seeking administrative
approvals to leave partial walls on its tent structure when Theatre Aspen is not in production. This will
help the tent to look similar to how it appears during the summer and more like a finished structure than it
has in previous winters. Though the purchase of a snow-loaded roof is cost prohibitive,Theatre Aspen
has purchased new walls specifically for this use. These walls are currently installed on the south and
west sides of the tent, facing the Rio Grande Trail and field,where the maximum potential exposure
would be in the off-season.
This is the existing condition of the site,and has been since September of 2012.
Following is an explanation of how the proposed development complies with the review standards
relevant to the development application:
Sec.26.440.050 Review standards for development in a Specially planned Area(SPA)
A.General. In the review of a development application for a conceptual development plan and a
final development plan,the Planning and Zoning Commission and City Council shall consider
the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use,density,height,
bulk,architecture, landscaping and open space.
Response: The new development is consistent with the existing use of the SPA. We feel that the addition of
the temporary off-season walls combined with the tent frame and permanent lobby structure presents an
appearance similar to that of our typical summer condition. The off-season materials stored within the
structures are now largely hidden from view and as such mitigates the appearance of an unfinished
construction site, which were the concerns expressed by Council.
2.Whether sufficient public facilities and roads exist to service the proposed development.
Response: Though new, improved public facilities are being proposed by the Parks Department, Theatre
Aspen and its patrons have sufficient roads and facilities to continue to operate as in the past. This
application does not affect access to facilities or roads. All proposed changes within this application are
already approved for use in the summer.
TheatreAspen.org
110 East Hallam Street Suite 103 Aspen,Colorado 81611 T 970.925.9313 F 970.925.6813 E info@TheaheAspen.org
THEATRE
PEN30(Aal ,� ,
3. Whether the parcel proposed for development is generally suitable for development,considering the
slope,ground instability and the possibility of mudflow,rock falls,avalanche dangers and flood hazards.
Response:Not relevant to this application.
4. Whether the proposed development creatively employs land planning techniques to preserve significant
view planes,avoid adverse environmental impacts and provide open space,trails and similar amenities for
the users of the project and the public at large.
Response: There is no negative impact to the environment or open spaces or other amenities;the new off-
season walls are a proposed improvement to the visual impact of Theatre Aspen on the surrounding area.
5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan.
Response: The proposed development is in compliance with the Aspen Area Comprehensive Plan.
6.Whether the proposed development will require the expenditure of excessive public funds to provide
public facilities for the parcel or the surrounding neighborhood.
Response:No; Theatre Aspen has already paid for all relevant expenses for this proposal.
7. Whether proposed development on slopes in excess of twenty percent(20%)meet the slope reduction
and density requirements of Subsection 26.445.040.B.2.
Response:Not relevant to this application.
8. Whether there are sufficient GMQS allotments for the proposed development.
Response:Not relevant to this application.
Sec. 26.435.040 Stream margin review.
A.General.The provisions of the stream margin review shall apply to all development within one
hundred(100) feet,measured horizontally, from the high water line of the Roaring Fork River and its
tributary streams and to all development within the Flood Hazard Area,also known as the 100-year flood
plain.
B. Exemptions.The Community Development Director may exempt the following types of development
within the stream margin review area:
1.The expansion,remodeling or reconstruction of an existing development provided the
following standards are met:
a)The development does not add more than ten percent(10%)to the floor area of the
existing structure or increase the amount of building area exempt from floor area
calculations by more than twenty-five percent(25%).All stream margin exemptions are
cumulative.Once a development reaches these totals,a stream margin review by the
Planning and Zoning Commission is required;and
Response:Not relevant to this application.
TheatreAspen.org
110 East Hallam Street Suite 103 Aspen,Colorado 81611 T 970.925,9313 F 970.925.6813 E info@TheatreAspen.org
THEATRE
QA§ PEN30
b)The development does not require the removal of any tree for which a permit would be
required pursuant to Chapter 13.20 of this Code.
Response:Not relevant to this application.
c)The development is located such that no portion of the expansion,remodeling or
reconstruction will be any closer to the high water line than is the existing development;
Response:Not relevant to this application.
d)The development does not fall outside of an approved building envelope if one
has been designated through a prior review;and
Response:Not relevant to this application.
e)The expansion,remodeling or reconstruction will cause no increase to the amount of
ground coverage of structures within the 100—year flood plan.
Response: The new development does not increase the amount of ground coverage of structures within
the 100 yearflood plan.
TheatreAspen.org i
110 East Hallam Street Suite 103 Aspen,Colorado 81611 T 970.925.9313 F 970.925.6813 E info @TheatreAspen.org
IV
THE Cmr'og ASPEN
CrrYMANAGWSOFPXB
To the City of Aspen Community Development:
Please accept this letter as verification that the City of Aspen is the landowner to Theatre
Aspen's Hurst Theatre in Rio Grande Park. As such,the office of the City Manager
hereby acknowledges and consents to all former approvals given to Theatre Aspen related
to their new tent. In addition,we hereby consent to their current application to gain
approval for the new tent's look for the winter season,consisting of walls that have been
added to improve the site's appearance.
Best regards, .
Stephen H.Barwick
City Manager
Aspen,Colorado
3
i 130 Sovrx GALENA SrRW•Asn N,COLORADo 8161129x/5•PHON8 970.9205199•FAX 970.9205119 •Wes www.aspenpiddn.eom
Fee Waiver Request Form
THE Qw of Asuq City of Aspen
Community Development Department
This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been
made to waive or not to waive the fees regarded in this request form.
For what fees are you requesting waiver? ❑ BUILDING PLANNING
Applicant Name: THEATRE ASPEN Contact Ph.# 970-925-9313
Mailing address: 110 E HALLAM STE 103 / ASPEN CO 81611
E-mail address: EMILY@THEATREASPEN.ORG
Project name&address: THEATRE ASPEN TENT - PREVIOUSLY 505 RIO GRANDE, NOW:
470 RIO GRANDE PLACE ASPEN CO 81611
Fee Breakdown:
BUILDING &PLANNING FEES
Original Fee Requested Original Fee Requested
Fee Description Amount Waiver fee Description Amount Waiver
Energy Code Fee REMP Fee
Excavation Foundation Fee Zoning Review Fee
Inspection Fee Planning Application Fee
Permit Fee HPC Application Fee
Plan Check other:PARKS COMMDEV 2,2 7 5 2,::2 75
TOTAL OF FEE WAIVER REQUEST$ $2,275
Reason for Waiver:
❑General Fund Department
❑Waived or decreased by City Council (specify ordinance or other decision document)
®Other—Please explain: Theatre Aspen understood that in essence, our requested
appearance in front of Council in 2013 was an extension of our previous
applications, for which we have already paid applicable fees. At the least
we'd like to ask to be billed only used time, without a required deposit.
_ ID10*S4ndby&Nbudi
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AfpeR em�IMemiyMheurcspen.org,c=US
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Applicant Signature Date
For office use only:
Type of fees waived: -
Total fees waived:$
[]APPROVED ❑ DISAPPROVED
Community Development Director Date
ATTACHMENT 2—LAND USE APPLICATION
PROJECT:
Name; Theatre Aspen- Tent offseason temporary wall review
Location: 470 Rio Grande Place- (formerly 505 Rio Grande Park)
Indicate street address lot&block number legal description where a riate
Parcel ID#(REQUIRED) 2737037306851
APPLICANT:
Nam: Theatre Aspen Emily Zeck Managing Director
Ads: 110 East Hallam St. Ste. 103, Aspen CO 81611
Phone 9: 970-925-9313
REPRESENTATIVE:
Name: See above
Address:
Phone#:
TYPE OF APPLICATION:(please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes X❑ Final SPA(&SPA
Margin,Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
Conditional Use
EXISTING CONDITIONS: (description of existing buildings,uses previous approvals,etc.
Seasonal Theatre Tent with _permanent lobby structure, see pre-application
summary
PROPOSAL: (description of proposed buildings,uses,modifications etc.
Permanent lobby structure is now complete, temporary white screen walls have
been placed to screen stage and seating area which need to remain in place.
Have you attached the following? FEES DuE:$
® Pre-Application Conference Summary
® Attachment#1,Signed Fee Agreement
® Response to Attachment#3,Dimensional Requirements Form
® Response to Attachment#4,Submittal Requirements-Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of nil written text
(Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate H you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
project: Theatre Aspen
Applicant: Theatre Aspen, Emily Zeck, Managing Director
Location: 470 Rio Grande Place- (formerly 505 Rio Grande Park)
Zone District: PUB SPA
Lot Size: Portion of Lot 1 Rio Grande Subdivision
Lot Area: Portion of Lot 1 Rio Grande Subdivision
(for the purposes of calculating Floor Area,Lot Area may be reduced for areas
within the high water mark,easements,and steep slopes.Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: NA Proposed: NA
Number of residential units: Existing:NA Proposed.NA
Number of bedrooms: Existing: NA Proposed: NA
Proposed%of demolition(Historic properties only):
DIMENSIONS:
Floor Area: Existing.-J785 Allowable: Proposed.- NA
Principal bldg.height: Existing: 18 ' -S" Allowable: Proposed: NA
Access.bldg.height: Existing: 9' -B" Allowable. Proposed. NA
On-Site parking: Existing. NA Required.- Proposed. NA
%Site coverage: Existing: NA Required: Proposed. NA
%Open Space: Existing.-HA Required: Proposed: NA
Front Setback: Existing: NA Required: Proposed: NA
Rear Setback: Existing: NA Required: Proposed: NA
Combined F/R: Existing: NA Required: Proposed. NA
Side Setback: Existing: NA Required: Proposed. NA
Side Setback: Existing: NA Required: Proposed. NA
Combined Sides: Existing: NA ____.,Required.-______,Proposed.- NA
Distance Between Existing NA Required. Proposed. NA
Buildings
Existing non-conformities or encroachments: NA
Variations requested: Proposed tent screen walls
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow,429-2780 DATE: 10.9.2012
PROJECT: Theatre Aspen Updated 1.11.2013
APPLICANT: Emily Zeck,Theatre Aspen
LAND USE REQUEST: SPA Amendment for winter tent framing screening
DESCRIPTION:
In January 2012, City Council approved an amendment to the Theatre Aspen site in Rio Grande Park. That
approval included a new lobby entry area, and the ability to leave the steel tent framing up year round. The
approval Ordinance, Ord 38, Series of 2011, required that Theatre Aspen "return to City Council one year
from the date of approval,or as soon thereafter as can be scheduled with City Council,to review the design of
the tent framing with temporary walls." This requires a minor SPA review by City Council. City Council may
approve changes,or approve the current condition to continue.
The applicant should include photographs of the tent framing in the winter, as well as information related to
any changes to the tent framing or temporary screening walls. In addition, a signed letter from the property
owner(City Manager)consenting to the application, as well as previous approvals is required.
Application:
http•//www aspenpitkin com/Portals/0/docs/City/Comdev/Aaas%20and%2OFeesAanduseappform.
Ddf
Code:
http:/twww aspenpitkin com/Departments/Community-Develor)ment/Plannina-and-Zoning/TiUe-26-
Land-Use-Code/
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.440.050 Minor SPA Amendment
Review by: - Staff for complete application
- Referral agencies for technical considerations
- Council for final approval
Public Notice: Yes,at Council
Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours over deposit
amount are billed at a rate of$325/hour).
$975 Parks Fee,
Total Deposit: $2,275
To apply, submit the following information:
1. Total deposit for review of the application.—See Fee Waiver Request
2. Proof of ownership. A signed letter from the City authorizing the application.
3. Completed Land Use Application Form.
4. A signed fee agreement.—See Fee Waiver Request
5. A Pre-Application Conference Summary. (this document)
6. A letter signed by the applicant,with the applicant's name, address and telephone number in a
letter signed by the applicant,which states the name,address and telephone number of the
representative authorized to act on behalf of the applicant.
7. Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company,or attorney licensed to practice in
the State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments,liens,easements,contracts and agreements affecting the parcel, and demonstrating
the owner's right to apply for the Development Application.
8. An 8112"by 11"vicinity map locating the parcel within the City of Aspen.
9. Existing and proposed site plan
10. A site improvement survey including topography and vegetation showing the current status of the
parcel certified by a registered land surveyor, licensed in the State of Colorado.
11. A copy of the approval Ordinance and the SPA Plan.
12. A copy of the final lease
13. A written description of the requested SPA Amendment and an explanation of how the proposed
development complies with the review standards relevant to the development application. Please
include existing conditions as well as proposed. Please provide a written response to all
applicable criteria.
14. 15 Copies of the complete application packet.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based
on current zoning,which is subject to change in the future, and upon factual representations that may or
may not be accurate. The summary does not create a legal or vested right.
THEATRE
ASPE . ......0
January 12,2013
City of Aspen Community Development
130 S.Galena St
Aspen,CO 81611
Re: Representative Authorization
To Whom it May Concern:
I am both the applicant and the authorized representative for Theatre Aspen with respect to the
application being submitted to your office for the property located in a portion of Lot 1 Rio
Grande Subdivision,owned by the City of Aspen -
Emily Zeck
Managing Director
Theatre Aspen
110 E. Hallam St. Suite 103
Aspen,CO 81611
(970)925-9313 x5
TheatreAspen.org
110 East Hallam Street Suite 103 Aspen.Colorado 81611 T 970.925.9313 F 970.925.6813 E info @TheatreAspen.orp
/ Filed tox xneord at ,102 A.M. September 11,'1973
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WARRANTY DWaED SEP 1?1973 ,
THf3 -DEEP, WADE AND ENTERED INTO this ''.:3.. ;kay of W,. ,
1973, by and between JAMBS R. TRUMAN, individually; of the first'
part,..deld THE CITY OF ASPEN, COLORADO, a *unidipal eorporatio;l
bf the second pact,i
W'I VN H 3 3' E' T H.;
1 THAT the Said party of the first pert, for and in considera-
tion of the sum of TEN AND 00/100's DOLLARS ($10.04), and other
good and valuable consideration, to the said party of the first
part In-hand paid by the said party of the second part, the re-
ceipt whereof ts'her'epy confessed and acknowledged, hap granted,
bargained-, sold and-conveyed, and by these presents•does •grant,
bargain, sell,. convey pnd oonfirm'unto the said party of the
second part, its heirs and assigns forever,• al1 the following
described lots or parcels of land, situate, lying and being in
the County of-•Pi;tkin-.and State-of Colorado, to-wit.:
A TRACT OF LAND•SITUATED IN THE SOUTH-WEST ONE-QUARTJ;R
OF SECTION 7, 'TOWNSHIP 10 SOUTH; AhNdR 84 WEST-OF THE
6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING
MORE FULLY DESC(11HED AS FOLL9WS;
$EGINNING AT A-POINT AT THE-EAST SIDE OF MILL STREET
WHENCE THE WEST ONN-QUARTER CORNER OF SAID SECTION 7
n4FO N 38°06'14" W 1542.42 FEET;'
THENCE S 56°06143" E 120.33 FEET)
THENCE N 33.53035" 8 78.32-FEETr
THEIiCE 3 75°51'14" 3 67.26 FEET)
THEkpi N 84.34'29" 9 121.34 FEET)
THENCE S 00 017128" W 136.87 FEET=
THENCE S 89 628055" S 184.09 FEET)
THENCE S. 00"58'09" W 109:72 FEET)
THENCE N 16 034+56" E 9.37 FEETW
THENCE 3 74°37'51" S 141.49 -LET/
THENCE 3 0902642611'8 412.35 FEET)
ThENC3 S 43 010138" 3•$9.04 FERTI
THENCE 233.41 FEET ALONG THE ARC OF A CURVE. To THE LEFT
HAVING A RADDIW"O1' 309-.26 Fnf*AND•A CHORD WHICH BEARS
S 64 656102" E 227.91 FEET)
THENCE 3 03'022100" W 100.08 F
ftENCE 369.38 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
4MaN0, A RAD4U3.010 409.34 FRET AND A CHORD WHICH BEARS
N 64''•54'14" 11 302.07 FEET).
THENCE N 44 054127"'N 66.04 FEET; -
:TH$NC8 N 75 012156" W 15.86 FEET)
THENCE N 75 011128" W%25.48 FEET')
TdENCS N 16.49'23"'3 83.76'F8ETW
m279 =746
THSNCS V 73 019131" W 271.88 MTt
THBNCB S 16 037111" W 90.78 FBBTt
T18 N 57 036126" W 10.54 HBBTt'
THBNCB 3 84.31'32" W 164.64 FMTi
TBBNCB N 87°31146" W 88.97 PUT) '
THBNCS S 19•6X6'08" W 75.82 PM f'
THBNCB N 43 012'17" W 408.87 FM
THBNCB N 19.30159" 8 495.73-FM TO THB POINT OF BEGINNING,
CONTAINING 11•.496 ACRES MORN OR L888.
TOGETHER with all and singular the hereditaments and appur-
tenances thereto belonging, or, in anywise appertaining, and the
reversion and 'reversions, remainder and remainders, rents, issues
and profits theraoft and all the estate, right, title, interest,
claim and demand whatsoever of the said party of the first part, i
either in law or equity, of, in and to the above bargained pre-
mises, with the hereditaments and appurtenances.
TO HAvB•AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the said party of the
second part; for Its heirs and-Assigns forever. And the said
party of the first part,.for himself, his heirs; executors, and
administrators, does covenant, grant, bargain and agree to and
with the said party of the second part,-its heirs and assigns,
that at the time of the ensealinq and delivery of these presents,
heiis well seised of the premises above conveyed, as of good,
sure, perfect, absolute and indefeasible estate of inheritance, •
in law, in fee simple, and has.good right, full power and lawful'
authority to.grant, .bargain, sell and-convey the same in manner
and form as aforesaid,.and that the same are free and clear from
all former and other.grants, bargains, sales, .liens, taxes, as-
sessments and encumbrances of whatever kind or nature soevert
except easements to Klaus F. Obermeyer for sewer purposes, and
to Aspen One Company.for ROOese purposest all easements and rights
of way, rights of ore extraction-and rights of way for ditches-as
reserved in united states Patents of Record and canals as reserved
in United States Patents of Record, licenses; existing roads,
highways, ditches, pipelines, encroachments of fences, fencelines,
-2-
e=27$ mK747
buildings, any tax assessments, f des,•charges by reason of the
inclusion of the subject proporty in the Aspen Metropolitan Sani-
tation District and Aspen Fire Protection District prorated to
date of closing,.genstal taxes, insurance, eta. prorated to date
of closing
And the above bargained premises in the quiet and peaceable
possession of the said party of the second p$rt, its heirs and
assigns against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of the
first part shall and will WARRANT AND FOEWER DEFEND. The singu-
lar number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
I
IN WITNESS WHEREOF, the said party of the first part has
hereunto set his hand and seal the day and year first above written.
�J•- -
AANES R. TRUSMAN
Party of the First Part
STATR OF COLORADO )
) 89.
COUNTY OF PITKIN }
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' �pial4Eb1(&e►rbgoing instrument was acknowledged before me this ��
= R ` " • �c , 19731- by JAMES R. TRUBMAN.
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expires: ft
. .'+"�+:•:Wt .��g hand and official seal.
Notary Public
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THEATRE ASPEN CHARLES CUNNIFFE ARCHITECTS
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RECEPTION#:586032.811=2012 at
09:39:04 AM,
1 OF 8, R $46.00 Doc Code ORDINANCE
Janice K.Vos Caudill,PRIM County,CO
ORDINANCE NO.38,
�.,�. (SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND AN ESSENTIAL PUBLIC
FACILITY GROWTH MANAGEMENT REVIEW, FOR THEATRE ASPEN TO .
CONSTRUCT A PERMANENT LOBBY STRUCTURE AND TO ALLOW THEATRE
ASPEN TO MAINTAIN THEIR TENT FRAME, STAGE, AND SEATING ON-SITE
DURING THE WINTER AT RIO GRANDE PARK, SOS RIO GRANDE PLACE, CITY
OF ASPEN;COLORADO, LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE
SUBDIVISION.
Parcel ID 2737-073-06-551
WHEREAS, the Community Development Department received an application from
Theatre Aspen, represented by Charles Cunniffe Architects, requesting approval of a Specially
Planned Area(SPA)amendment,and an Essential Public Facility Growth Management Review,
to construct a permanent lobby structure and to permit the theatre tent framing,stage,and seating
to remain on-site year round;and,
WHEREAS, the Applicant requests a recommendation by the Planning and Zoning
Commission to the City Council for a Specially Planned Area(SPA)Amendment,and Essential
Public Facility Growth Lodge Management Review;and,
WHEREAS, the property is located in the Rio Grande Park and is zoned Public (PUB)
with an SPA Overlay;and,
WHEREAS,upon initial review of the application and the applicable code standards,the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area(SPA);and,
WHEREAS, during a duly noticed public hearing on November 1, 2011, Planning and
Zoning Commission approved Resolution No. 20, Series of 2011, by a four to zero (4—0) vote,
recommending city Council approve an.amendment to the Rio Grande SPA and an Essential Pubic
Facilities Growth Management Review for Theatre Aspen;and,
WHEREAS, pursuant to Section 26.440, the City Council may approve a SPA
Amendment, during a duly noticed public hearing after considering a recommendation
from the Planning and Zoning Commission made at a duly noticed public hearing, comments
from the general public, a recommendation from the Community Development Director, and
recommendations from relevant referral agencies;and,
WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential
Public Facility Growth Management Review, during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a duly
Ordinance 38,Series 2011
Page 1 of 5
noticed public hearing, comments from the general public, a recommendation from the
Community Development Director,and recommendations from relevant referral agencies;and,
WHEREAS,during a duly noticed public hearing on January 9, 2012, the City Council
approved Ordinance No. 38, Series of 2010, by a four to one (4 — t) vote, approving an SPA
amendment and an Essential Public Facility Growth Management Review;and,
I
WHEREAS,-the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein,has reviewed
and considered the recommendation of the Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing;and,
. WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions,is consistent with the goals and elements of the Aspen Area Community Plan;and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health,safety,and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
`.., eedon 1:Aaproyala
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby recommends City Council approval of a Specially
Planned Area(SPA)amendment to the Rio Grande SPA,and an Essential Public Facility Growth
Management Review.
Section 2•Desien
The permanent lobby structure shall comply with the plan shown at the November 1a,2011 P&Z
meeting, and attached as Exhibit A. Theatre Aspen's commemorative brick shall be re-
incorporated into the permanent lobby and/or associated patio.
The tent framing shall be covered with a roof, as weather allows, from April to October of each
calendar year.
From October to April of each calendar year, the tent framing shall not be covered with a roof.
Temporary sides shall be installed to shield the stage and seating from view. The stage and
seating shall be under protective cover and located on the existing concrete pad. This is attached
as Exhibit B. Theatre Aspen shall return to City Council one year from the date of approval,or
as soon thereafter as can be scheduled with City Council,to review the design of the tent framing
with temporary walls. City Council shall have the ability to amend the SPA approval as
necessary to ensure the visual impacts of the tent framing are sufficiently minimized from
October to April.
Ordinance 38,Series 2011
Pale 2 of 5
Theatre Aspen shall provide a security check of the site at least three times per week to ensure
�... the site remains safe and secure.
Section 2:Signan
A revised signage plan reflecting changes discussed with stag and the Planning and Zoning
Commission shall be submitted to staff prior to City Council review. This shall inchbde
replacing a proposed marquee sign with a less imposing sign on a low-lying rock, as outlined in
the P&Z meeting on November 1,2011 and the staff memo for said meeting.
Section 4:Temporary Fencing
The temporary fencing shown in Exhibit C shall be temporary, and shall only be erected during
the theatre season when theatre performances are conducted and when required by the Actors'
Equity Association Small Professional Theatre Rulebook Sec. 48.A.2-4. The fencing shall be
constructed in a manner that does not prevent or limit the use of the trash enclosure for trash
storage.
Section 5: Essential Public Facility Growth Management Review - Affordable Housing
N
Theatre Aspen shall conduct an employee audit one year after final City Council approval for the
permanent lobby structure. Volunteer hours shall not be included in the audit. Any additional
employees that are not a result of the Rio Grande improvements shall be indicated in the report.
However, only those employees that are a result of the improvements shall be subject to future
mitigation. The Housing Authority shall request the audit from Theatre Aspen. Failure to request
the audit shall not render any of the approvals invalid. Theatre Aspen shall provide the Housing
Authority and the Community Development Department with the audit report. The Housing
Authority and Community Development shall forward the audit to the Housing Board,P&Z and/or
City Council for review,as applicable.
Section 6:Parks
Theatre Aspen shall coordinate all improvements with the Parks Department to ensure they
comply with the Parks Department's Master Plan for Rio Grande Park. Theatre Aspen shall
comply with Parks Department regulations related to the prohibition of pesticide and herbicide
use.
The applicant shall ensure the site is clean and secure at all times. The applicant shall work with
the Parks Department to ensure compliance during the fall and winter months when the tent is
taken down each year.
Section 7: Environmental Health
Theatre Aspen shall undertake a noise monitoring program for its productions to ensure compliance
with the City's noise ordinance,as amended from time to time. The current noise limits are 55 dBA
from lam—9pm,and 50 from 9pm—7am. The noise monitoring program shall verify compliance
with the noise ordinance,by Theatre Aspen staff,before opening night of each production. It shall
also include continued monitoring throughout the summer theatre season given background noise
levels may vary.Noise level readings shall be taken at multiple locations along the property line of
Ordinam 3E,serial 2011
Poe 3 of 5
,., the Rio Grande Park. The noise monitoring program shall be filed with the City of Aspen
Environmental Health Department,who may require it to be updated as needed.
Concessions at the tent historically have only been prepackaged,non-potentially hazardous foods,
and beverages without ice,due to the fact that Theatre Aspen does not hold a food service license
nor have p==wnt plumbing. For special events serving food held at Theatre Aspen a temporary
food permit must be submitted for approval to the Aspen Environmental Health Department prior to
the event to ensure the protection of public health.
Section 8:IagWeerina
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal
Code, Title 21 and all construction and excavation standards published by the Engineering
Department. A construction management plan should be submitted as part of building permit.
Section 9: Exterior Liehtina
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to
Land Use Code Section 25.575.150, Outdoor lighting. No Iighting shall be permitted in the
stream margin area(fifteen(15)foot setback area from top of slope)or in any area below the top
of slope line (toward the river) unless it is in the exact location of the existing lighting and
requires no additional disturbance to the stream margin area.
Section 10:Theatre Aspen Lease
Within 180 days of City Council approval,Theatre Aspen shall re-execute their Iong-term tease
on the Rio Grande Park to reflect this approval.
Section 11:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded,whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 12i
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided,and the same shall be conducted and concluded under such prior ordinances.
Section 13:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction,such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Ordinance 38,Series 2011
Page 4 of 5
The City Clerk is directed,upon the adoption of this ordinance,to record a copy of this ordinance in
the office of the Piddii County Clerk and Recorder.
Section I4:
A public hearing on this ordinance shall be held on the 9a day of January,2012,at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen,Colorado,a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council
Of the City of Aspen on the 12"day of December,2011.
Attest:
� —j ) j 4010
f
thryn S. och,City Clerk Michael C.Inland,May r
FINALLY,adopted,passed and approved this day of. 2012.
Attest:
Kathryfkoch,XC61ty Clerk Michael C.Ireland,Mayor
Approved as to form:
C
orney
EXHIBITS:
Exhibit A: Plans for the permanent lobby structure
Exhibit B: Rendering of tent framing and screening
Exhibit C: site plan indicating location of proposed actor's privacy fence.
Ordinance 38,Series 2011
Page 5 of 5
LEASE AGREEMENT
BETWEEN THE CITY OF ASPEN
AND
THEATRE ASPEN
THIS LEASE AGREEMENT entered into at Aspen. Colorado, this t.Ll_ day of
2012, by and between the CITY OF ASPEN, COLORADO, a municipal
corporation •nd home-rule city ("hereinafter "City"), and THEATRE ASPEN a Colorado
non-profit corporation (hereinafter "Tenant").
WITNESSETH:
WHEREAS, the City is the owner of the Rio Grande Park in Aspen, Colorado and
desires to lease to Tenant certain -space within-the- Rio Grande Park, as further described
herein; and
WHEREAS, Tenant desires to lease that certain space within the Rio Grande Park for
the purposes set forth below and upon the terms and conditions set forth herein; and
WHEREAS, the City of Aspen City Council on January 9, 2012 approved Ordinance
38, Series 2011, approving an amendment to the Rio Grande SPA Final Development Plan and
a Growth I'vlanagement Exemption as an Essential Public Facility to allow for the construction
of a permanent lobby structure, and allowing the tent framing with temporary walls to remain
erected for a one-year test period; and
WHEREAS, Ordinance 38, Series 2011, required that Theatre Aspen's lease of the
property he re-executed and updated within 180 days of the approval; and
WHEREAS, the parties hereto understand that this Lease Agreement is specifically
conditioned upon the Aspen City (council granting the requisite land use approvals for the
proposed uses within the Rio Grande Park.
NOW, THEREFORE, in consideration of tite mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. 'Perm. The initial term of this Lease Agreement shall be for a period of ten (10)
years and nine (9) months, effective January I, 2011, and terminating at the conclusion of
Tenant's 2021 season on October 1, 2021. An additional term of ten (10) years (terminating on
October 1. 203 1) shall automatically be added to the initial term provided that Tenant provides
the City with written notice at least G months prior to the end of the initial term that it intends
to renew the term of this Lease Agreement for an additional ten years. The parties hereto
agree to discuss the continuation of the Lease Agreement no less than six (G) months before its
termination. Negotiations for the continuation of this Lease Agreement shall be subject to
review by the City, and shall proceed upon good faith by both parties.
Page I
i
2. Premi se The Premises subject to this Lease Agreement shall be the area
outlined within the Rio Grande park as shown on Exhibit 1 appended hereto and by this
reference made a part hereof as if fully set forth here.
3. Use. The Premises may he used by Tenant solely for the purpose of placing a
tent in substantially the area shown on Exhibit 1, and constructing or placing a ticketing and
concessionaire's structure to remain on the Premises during the duration of this Lease
Agreement. Tenant may use the Premises for the presentation of theatrical productions and
related operations. Tenant may occasionally rent out the Premises to third parties who may use
the Premises for similar purposes. The uses permitted on the Leased Premises shall comply in
all respects with any and all conditions required by the City in any approvals that may be
granted to the Tenant by the Aspen City Council pursuant to the Aspen Municipal Code.
Prompt clean-up of the Premises after each summer season shall be conducted by Tenant.
Materials kept within the Premises should be contained to the tent and structure layout as shown
on Exhibit I under protective cover and within existing enclosed structures on property which
total approximately 250 sq ft. Any improvements or replacements planned to these existing
structures should not cause total enclosed sq footage to exceed 500 sq R total or maximum height
for any enclosed structure to exceed 1511. Any unenclosed structures that remain onsite of the
Premises year-round, including but not limited to framework for theatre's lobby structure,shall
be subject to the prior approval of the City Council by the review of a Specially Planned Area
amendment process or the Community Development through administrative review,as
applicable.
Tenant shall not use the Premises for any other purposes without the City's written consent.
Tenant's use and occupancy of the above-described Premises shall comply with the rules,
regulations and ordinances of any governmental authority having jurisdiction over the
Premises or the activities performed thereon. Additionally, Tenant shall not use the Premises
in any manner that will create an increase in the rate of insurance or a cancellation of any
insurance policy, even if such use may be in furtherance of Tenant's operations. In the event
that Tenant proposes to use the Premises in a manner that would increase the City's insurance
premiums, the City and Tenant agree to discuss such plans to determine if there is a way to
minimize the costs to the City and still permit the proposed activity to take place. Tenant shall
not keep. use or sell anything prohibited by any policy of fire insurance covering the
Premises.
Tenant shall return to City Council one year from the date of approval in Ordinance 38. Series
2011 (January 9, 2013), or as soon thereafter as can be scheduled with City Council, to review
the design of the tent framing with temporary wails. City Council shall have the ability to
amend the SPA approval as necessary to ensure the visual impacts of the tent framing are
sufficiently minimized, including an order to remove the structure if deemed by City Council
as the appropriate solution.
Tenant shall undertake a noise monitoring program for its productions to ensure compliance with
the City's noise ordinance, as amended from time to time. The noise monitoring program shall
tW 1
verify compliance with the noise ordinance, by Tenant, before opening night of each production.
It shall also include continued monitoring throughout the summer theatre seam given
background noise levels may vary. Noise level readings shall be taken at multiple locations along
the property line of the Rio Grande Park. The noise monitoring program shall be filed with the
City of Aspen Environmental Health Department, who may require it to be updated as needed.
4. Time of Occuvaucv. Acceptance. Surrender of Premises and Abancionnunr
Tenant shall be entitled to use and occupy the Premises during all times as set forth in the land
use approvals granted by the City. At all other times Tenant may use the Premises only with
the prior approval of the City. If the Tenant abandons the Premises for a period of more than
30 days (excepting the off-season)then this Lease Agreement shall automatically terminate and
shall be considered a breach by Tenant. Tenant shall be responsible for landscape restoration
of the Premises to a park condition of turf grass sod.
5. Rent. Tenant agrees to pay a total of$10. per year to the City as rent for the
Premises, payable on the first day of each calendar year.
6. Access to Premises. City shall be entitled to enter upon the Premises at all
reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing
any of City's rights hereunder. Vehicular access to the Premises shall be restricted. Except
for sanitation service vehicles and trash removal vehicles intended to service the Premises,
vehicular access to the tent site shall be restricted to deliveries of theatre property or tools
weighing over 50 pounds. All deliveries must be accompanied by a person on foot in front of
the vehicle to warn pedestrians and park users for safety reasons.
7. Maintenance and Repairs. Tenant, at its sole expense, shall keep the Premises
in a good. clean and safe condition. Tenant shall be responsible for all maintenance inside the
Premises as shown on Exhibit 1, including pathways, entrance landscaping, structures arxi
infrastructure. This list may not be inclusive. Tenant shall not be responsible for snow
removal inside the Premises unless required for access to theatre property. The City shall be
responsible for irrigation maintenance on the Premises and adjacent park area and be
responsible for grounds maintenance in the park area outside of the Premises, including
pathways and any lighting outside of the Premises. Tenant shall be responsible for any
electrical infrastructure and lighting inside the Premises.
8. Utilities and &Su ri y System. Tenant shall be responsible for all utilities used
on the Premises. Theatre Aspen shall provide a security check of the site either in person or via
a remote monitoring system at least three times per week to ensure the site remains safe and
secure.
9. Personal Proaerty. All personal property and trade fixtures placed on the
Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of
such personal property or trade fixtures arising from the acts or neglect of Tenant, its agents
or employees. Any personal property or trade fixtures of Tenant or anyone claiming under
Tenant, which shall remain on the Premises after the date upon which the Premises shall be
Page 3
surrendered shall be deemed to have been abandoned and may be retained by City as its
property or disposed of by City in such a manner as City sees fit.
10. Taxes. In the event any taxes are levied and assessed upon the Premises or
upon the improvements, fixtures or personal property of the Tenant during the term of
Tenant's occupancy of the Premises or arising therefrom, or upon the leasehold or possessory
interests as created through this lease. Tenant shall be solely responsible to satisfy and pay all
such taxes in a timely fashion. Tenant shall not allow any liens for taxes or assessments to
exist with respect to the Premises, except that Tenant may permit such taxes or assessment to
remain unpaid while pursuing any good faith contest or appeal of same.
IL ltxlemnification. Unless caused by the negligence of the City, Tenant agrees to
indemnify and hold harmless the City, its officers and employees, from and against all
liability, claims, and demands. on account of injury. loss, or damage, including. without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other similar loss. which arise out of or are in any manner
connected with Tenant's occupancy of the Premises pursuant to this Agreement, if such injury,
loss, or damage is caused in whole or in part by, the omission, error, or negligence of the
Tenant, any subcontractor of the Tenant, or which arises out of any workmen's compensation
claim of any employee of the Tenant or of any employee of any subcontractor of the Tenant.
12. Public Liability Insurance. Tenant agrees to furnish City with certificate(s)of
insurance as proof that it has secured and paid for a policy of public liability insurance
covering all standard risks related to the leasing, use, or occupancy, of the Premises. The
insurance shall be procured from a company authorized to do business in the State of Colorado
and be satisfactory to City. The amount of this insurance, shall not be less than the maximum
liability that can be imposed upon the City of Aspen under the laws of the State of Colorado
found at C.R.S. 24-10-101 et sea., as amended. At present, such amounts shall be as follows:
S 150,000.00 for any injury to one person in any single occurrence;
$600,000.00 for any injury to two or more persons in any single occurrence.
In no event shall such insurance amounts fall below those maximum liability limits as
set forth at C.R.S. 24-10-114,as amended.
13. Premises Insurance. During the full term of this Agreement, Tenant, at its sole
cost and expense, and at Tenant's discretion, may also cause all of the furniture, fixtures, and
equipment in the premises to be kept insured, without co-insurance clauses, to the full
insurable value against the perils of wind. storm, hail, lightning, explosion, fire and like
perils. "Full insurance value" means the cost, as of the date of loss, for replacement of the
damaged or destroyed property in a new condition with materials of like size. kind and
quality. The insurance shall stand as primary insurance for the furniture, fixtures, and
equipment in the Premises to be procured from a company authorized to do business in the
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State of Colorado and be satisfactory to the City. All policies as required herein shall contain
a waiver of subrogation by the insurer against City.
14. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault
on the part of Tenant, the Premises shall be damaged by fire or other catastrophe so as to
render said Premises wholly untenantable, and if such damage is so great that a competent
licensed architect in good standing in Pitkin County, Colorado, as selected by the City within
fourteen (14)days from the date of loss, shall certify in writing to the City and Tenant that the
Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90)days
from the happening of the occurrence of the damage, then Tenant shall have thirty (30) days
from date of official notification of this decision to decide whether to maintain this Lease
Agreement and be solely responsible for restoring the Premises to working condition or
whether to terminate this Lease Agreement and vacate the Premises. Such a termination of the
Lease Agreement shall not forgive Tenant's obligation to restore the landscape of the Premises
to a park condition of turf grass sod as outlined in Section 3. If, however, the damage is not
such as to prevent reoccupation and use of the Premises within ninety (90) days, then repairs
thereto shall be undertaken by Tenant with all reasonable speed to restore the Premises to its
former condition and the Lease Agreement shall remain in effect. All insurance proceeds
resulting from Tenant's insurance policies and coverage shall remain property of Tenant,
regardless of official decision regarding the condition of Premises or Tenant's decision
whether to terminate Agreement and restore the Premises.
15. City to be Named a Co-insured or Additional Ins+trance. Tenant shall name
City as co-insured or additional insured on all insurance policies and such policies shall
include a provision that written notice of any non-renewal, cancellation or material change in a
policy by the insurer shall be delivered to City thirty (30) days in advance of the effective
date.
16. Repairs and Alterations by Tenant. Tenant, pursuant to any land use,approvals
received from the city, or upon City's written consent, may, at its own expense, make
reasonable and necessary alterations or improvements to the Premises. All alterations,
additions and improvements shall be performed in a workmanlike manner, in accordance with
all applicable building and safety codes, and shall not weaken or impair the structural strength
or lessen the value of the Premises. All alterations, additions and improvements made in or to
the Premises shall be the property of Tenant and remain the property of Tenant upon
termination of this Lease Agreement. Tenant agrees that prior to any construction or
installation of alternations, additions or improvements, Tenant shall post on the Premises in a
conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section
38-22-105 on behalf of the City and shall notify City of such posting and the exact location of
same. Perfection of a mechanic's lien against the Premises as a result of Tenant's acts or
omissions may be treated as a material breach of this Lease Agreement.
17. Repairs and Alterations by City. City reserves the right, from time to time, at
its own expense and by its officials, employees and contractors, to make such alterations,
maintenance activities, renovations or repairs in and about the Rio Grande Park, other than
those noted above as required by Tenant, as City deems necessary or desirable and Tenant
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covenants to make no claim against City for any interference with its interest as herein
provided in the Premises. Any such activity within the Premises may only take place upon
Tenant's consent. City shall provide reasonable notice to Tenant in advance of any intent to
undertake any work in the Rio Grande Park as authorized in this paragraph and all work shall
be performed at such times as may be mutually agreed to between the parties so as to eliminate
or minimize any disruption of Tenant's business. The City shall, however, have the final
decision making authority as to what time is reasonable under the circumstances.
18. Condemnation. If during the term of this Lease Agreement, or any renewal of
it, the whole or part of the Premises, or such portion as will make the Premises unusable for
the purpose leased, or the leasehold interest, be condemned by public authority, including
City, for public use, then this Agreement shall cease as of the date of the vesting of title in the
Premises in such condemning authority, or when possession is given to such authority,
whichever event occurs first. Tenant shall not be entitled to any part of any condemnation
award for the value of the unexpired term of this Agreement or for any other estate or interest
in the Premises, such amount belonging entirety to City.
19. Assieament of Agreement. Tenant shall not assign, pledge, sublease or
otherwise dispose of or encumber this lease, or the leased Premises, without the prior written
consent of the City, except as allowed in section 3 above. Such consent shall not be
unreasonably withheld. Tenant shall, likewise, not permit any third party to occupy or use the
Premises absent the prior written consent of the City except as allowed in Section 3.
20. Siggs, Tenant shall not place any signs upon the Premises or upon the Rio Grande
Park except of such design and construction as may be permitted by City. It is understood by the
parties that placement of an identification sign or signs is important and necessary to Tenant's
business. Accordingly, the City hereby consents to allowing Tenant to place banners of Tenant's
choosing within the Premises as shown on Exhibit 1 provided they comply with the City's sign
code. Additional banners or signs outside of the Premises within Rio Grande Park may only be
placed with the approval of Parks staff.Any sign permitted by City shall at all times comply with
applicable ordinances,rules and regulations.
21. Breach by Tenant Defined. If Tenant shall fail to timely comply with any of the
terms or conditions of this Agreement, any term or condition of the land use approvals granted
by the City, or any notice given under it, or shall become insolvent, or shall have or attempt to
make an assignment for the benefit of creditors, or if any of its property be attached and such
attachment is not promptly released, or if an execution be issued against it, or, if a petition be
filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be
created or appointed to take charge of its assets, or if it shall abandon the Premises for a
period of more than thirty (30) days (not including seasonal closures) then at any time
afterwards City may treat such act or omission as a breach of this Lease Agreement and, at its
option, enter into the Premises and remove all persons and take and retain possession thereof
either with or without process of law.
Page 6
22. City's Remedy for Breach. Any breach, default or failure by Tenant to perform
any of the duties or obligations assumed by Tenant under this Lease Agreement shall be cause
for termination of the Lease Agreement by City in the manner set forth in this paragraph. City
shall deliver to Tenant thirty (30) days' prior written notice of its intention to terminate this
Lease Agreement, including in the notice a reasonable description of the breach, default or
failure. If within that thirty (30) days Tenant shall fail or refuse to cure, adjust or correct the
breach, default or failure to the reasonable satisfaction of City, the City shall have the right to
declare this Lease Agreement terminated and all rights, powers and privileges of Tenant as
provided through the Lease Agreement shall cease, and Tenant shall immediately vacate the
entire Premises and shall make no claim of any kind against City by reason of the termination.
The thirty (30) days' prior written notice shall be conclusively determined to have been
delivered to Tenant by the hand delivery of same upon the Tenant's primary address set forth
herein, or at the time it is deposited in the U.S. Mail, certified, postage prepaid, addressed to
the address set forth herein.
23. Non-Waiver of Rights. Any failure by City to so terminate this Lease
Agreement as herein provided after the breach. default or failure by Tenant to adhere to the
terms of the Lease Agreement shall not be deemed or construed to be a waiver or continuing
waiver by City of any rights to terminate the Lease Agreement for any present or subsequent
breach,default or failure.
24. Nan-Discrimination. Tenant agrees to comply with all laws, ordinances, rules
and regulations that may pertain or apply to the Premises and its use. In performing under the
Lease Agreement, Tenant shall not discriminate against any worker, employee or job
applicant, or any member of the public, because of race, color, creed, religion, ancestry,
national origin, sex, age, marital status, physical handicap, affectional or sexual orientation,
family responsibility or political affiliation. nor otherwise commit an unfair employment
practice.
25. Notice. Whenever this Agreement calls for or provides for notice and notice is
not otherwise specified, the same shall be provided in writing and shall be served on the
person(s) as designated by the parties below, either in person or by certified mail, postage
prepaid and return receipt requested.
For City: Aspen City Manager
130 South Galena Street
Aspen, Colorado 81611
For Tenant: Managing Director
Theatre Aspen
110 E. Hallam St., Ste 103
Aspen, CO 81611
The parties nray change or add such designated person(s) or addresses as may
be necessary from time to time in writing.
Page 7
26. Binding Effect. All of the terms and conditions as contained in this Agreement
shall inure to the benefit of and he binding upon the successors and assigns of the parties.
27. Controlling Law. This Lease Agreement shall he enforced and interpreted in
accordance with the laws of the State of Colorado. Any action brought to enforce or interpret
this Agreement shall be brought in the District Court in and for Pitkin County, Colorado. In
the event of litigation between the parties concerning this Agreement or matters arising
therefrom, the prevailing party shall be awarded its costs and reasonable attorney's fees.
28. Entire Agreement. This instrument constitutes the entire lease Agreement by
the parties concerning the Premises and shall supplant and supersede any previous agreements
between the parties pertinent to the Premises. Any prior or contemporaneous oral or written
agreement that purports to vary from the terms as set forth herein shall he void and of no
effect.
29. Amendments. Except as otherwise provided herein, this Lease Agreement and
all of its terms and conditions may not he amended or modified absent a written agreement
duly executed by the parties.
30. Condition Precedent. This Lease Agreement is specifically conditioned upon the
Aspen City Council granting the requisite land use approvals to Tenant for the proposed uses
on the Leased Premises and Tenant's acceptance ol'same, including any conditional terms related
to approvals. Furthermore, this Lease Agreement is hereby subject to all the terms and
conditions that may he required by the Aspen City Council in any land use approvals granted
to Tenant for the proposed uses described herein.
WHEREFORE, the parties, through their duly authorized representatives, have
executed this Agreement upon the dates as fbrlh herein.
I'iI1: CITY OF ASPEN. COLORADO
By: "
Steve Barwick, City Manager
ATTEST:
Kathryn S. K h, City erk
Page 8
TENANT:
Theatre Aspen
B►: ViAA;
Emily Zeck,Managing Director
P"O 9
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: March 5, 2013
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0015.2013.ASLU — 470 Rio Grande Place. The planner
assigned to this case is Jessica Garrow.
Your Land Use Application is incomplete:
1. Elevations, perspectives or photographs showing the proposed appearance of the tent
structure. No drawings are provided showing how the structure will look.
Please submit the aforementioned missing submission items so that we may began reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
❑ Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Tha You,
nnife elan, Deputy Director
City o en, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New SPA New PUD
Yes Nom_ Subdivision, SPA,or PUD(creating more than 1 additional
lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
FEES DUE—NOT PAID AS OF 3.4.13
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